St. Jude Children’s Research Hospital and other institutions are urging the Federal Circuit to reconsider a decision reversing
The U.S. Court of Appeals for the Federal Circuit in August found the patent didn’t adequately describe the invention and was invalid. The ruling unraveled a $1.2 billion award against Gilead.
St. Jude said the court’s “super-heightened description standard” puts research hospitals in a bind: either pursue narrow patent claims that copycats can easily avoid infringing, or spend significantly more time and ...